P.K. Lohra, J. - (1.) IMPUGNED in this Leave to Appeal is the judgment and order of acquittal dated 18th of September 2013 passed by the Judicial Magistrate, Sri Vijay Nagar, District Sri Ganganagar (for short, 'learned trial Court').
(2.) LEARNED trial Court, by the judgment aforesaid, extended benefit of doubt to the respondent -accused while exculpating him for the offences under Section 279 and 304A of the Indian Penal Code (IPC). Briefly stated, the prosecution case, as unfurled in FIR lodged by PW5 Fateh Chand is that he alongwith his three friends; namely, Suresh Kumar, Swaroop Kumar and Manoj Kumar boarded bus No. RJ -13 -P -2396 of Chawla Travellers on the fateful day of 19th January 2005 for undertaking journey to his residence at Nai Dhan Mandi, Sri Vijay Nagar. It is further averred in FIR that the bus was halted near Truck Union, Sri Vijay Nagar and at that juncture complainant, Suresh Kumar and Swaroop Kumar alighted from the bus. However, when Manoj Kumar was alighting from the bus, accused -respondent restarted the bus and drove it rashly and negligently resulting in gory tragedy of crushing injuries to Manoj Kumar and on spot he succumbed to the injuries. It is also narrated in the FIR that soon after the incident, the Driver as well as Conductor of the vehicle eloped from the scene. Pursuant to FIR, Police Station Sri Vijay Nagar conducted investigation and chargesheet against the accused -respondent under Section 279 and 304A IPC was filed. To establish prosecution case, nine witnesses were examined and documents were exhibited. On completion of prosecution evidence, statements of accused under Section 313 Cr.P.C. were recorded. The learned trial Court, after conclusion of the trial, by the judgment impugned, acquitted the accused -respondent by granting him benefit of doubt.
(3.) LEARNED Public Prosecutor, Mr. Arjun Singh Rathore, has argued that the learned trial Court has committed serious error in appreciation of prosecution evidence, and therefore, the impugned judgment of acquittal is liable to be interfered with.;